Sports artist's appeal of ruling reinstated

Sports artist Daniel Moore's appeal of part of a judge's ruling was reinstated by the federal appellate court.
The order to reinstate the appeal was issued Monday, three days before the fifth anniversary of the lawsuit brought by the University of Alabama.

Tuscaloosa News

By Adam JonesStaff Writer

Published: Thursday, March 18, 2010 at 3:30 a.m.

Last Modified: Wednesday, March 17, 2010 at 11:13 p.m.

Sports artist Daniel Moore's appeal of part of a judge's ruling was reinstated by the federal appellate court.

The order to reinstate the appeal was issued Monday, three days before the fifth anniversary of the lawsuit brought by the University of Alabama.

In an order issued Feb. 19, the U.S. Court of Appeals for the 11th Circuit dismissed Moore's appeal because the justices had not received, on time, excerpts of the lower court records Moore wanted them to consider for the appeal.

Moore's attorney, Stephen Heninger, said the dismissal in February was an automatic result of turning in records a day late.

“I'm glad they (reinstated it), and the more time that went by, the more nervous I got, but I really didn't have any doubt they'd do it,” Heninger said.

The Hoover-based artist claims a portion of a ruling by U.S. District Court Judge Robert Propst limits his ability to use his copyright-protected artwork.

UA sued Moore for trademark violations in March 2005, alleging that he painted scenes of Crimson Tide football games without permission from the university and reissued previously licensed prints without paying royalties. The university is seeking back pay for more than 20 paintings and wants Moore to license any future paintings.

<p>Sports artist Daniel Moore's appeal of part of a judge's ruling was reinstated by the federal appellate court.</p><p>The order to reinstate the appeal was issued Monday, three days before the fifth anniversary of the lawsuit brought by the University of Alabama.</p><p>In an order issued Feb. 19, the U.S. Court of Appeals for the 11th Circuit dismissed Moore's appeal because the justices had not received, on time, excerpts of the lower court records Moore wanted them to consider for the appeal.</p><p>Moore's attorney, Stephen Heninger, said the dismissal in February was an automatic result of turning in records a day late.</p><p>“I'm glad they (reinstated it), and the more time that went by, the more nervous I got, but I really didn't have any doubt they'd do it,” Heninger said.</p><p>The Hoover-based artist claims a portion of a ruling by U.S. District Court Judge Robert Propst limits his ability to use his copyright-protected artwork.</p><p>UA sued Moore for trademark violations in March 2005, alleging that he painted scenes of Crimson Tide football games without permission from the university and reissued previously licensed prints without paying royalties. The university is seeking back pay for more than 20 paintings and wants Moore to license any future paintings.</p>